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Inside New Berlin


New Berlin School Board Loses Again

By Linda Richter
Friday, Feb 15 2008, 01:55 PM

On February 7, 2008, the Wisconsin Supreme Court ruled that the New Berlin School Board (and seven other “municipalities”) had no right to intervene in a lawsuit brought by some state employees seeking domestic partner health insurance for their partners from their state employers.

The School Board’s other unsuccessful attempts to join that domestic partner lawsuit were discussed in my 11/3/06 blog entry titled “School Board Strikes Out Once, Twice…."

The Circuit Court, the Court of Appeals-- and now the Wisconsin Supreme Court --have rejected the arguments of the eight “municipalities” (New Berlin School Board, Town of Caledonia, Town of Cottage Grove, City of Green Bay, Village of Hobart, Village of Oostburg, City of Watertown, and Raymond School District) and refused to allow them to intervene in the case.

Some ACLU comments-----

“The court said: ‘The municipalities have shown no special, personal, or unique interest in the present case. Were the municipalities granted a right to intervene upon such grounds, virtually any declaratory action for constitutional review of a statute would present a case in which at least some persons or entities may intervene as a right…’ "

“We are relieved that the court recognized the judicial system would grind to a halt if everyone who was concerned about an issue had a right to get involved as a party.”

“….As has long been clear, the municipalities can explain their views of the legal issues by filing a brief with the court.”

Click on this link for more information.

Are you wondering how the New Berlin School Board got mixed up in this?  At the April 25, 2005 School Board Meeting, the Board was asked by Rep. Mark Gundrum (R-New Berlin) and attorney Michael Dean of the First Freedoms Foundation to intervene in the state workers’ domestic partner lawsuit---- a brazen use of public funds and public entities to further their agendas!  Although Dean said he’d represent the School Board without charge for his services, he indicated the District (in other words, us taxpayers) would have to pay the other costs, such as filing fees, paperwork, deposition and court costs.

At that meeting, School Board Member Marc Duff urged his Board colleagues not to act hastily. He argued that the Board should consult first with District legal counsel and discuss the issue before making a decision regarding the lawsuit.

But Duff’s sensible words fell on deaf ears. Minutes later, the School Board under the leadership of then- President Jennifer Eitel (former Holy Apostles School Board President) and Vice-President Matt Weiss (Click on my 3/3/07  and 4/23/07 blog entries for information re: his activism/involvement in a pro-voucher movement & WCVP scandal) voted 5-2 to retain activist attorney Dean and to plunge into the domestic partner lawsuit (by seeking to intervene as defendant).

The activists on the School Board were willing and eager to connect with other activists outside the community and drag the entire District into this mess to further their own political goals. The School Board’s unnecessary hasty action and failure to consult with the District’s own legal counsel to obtain a more objective legal opinion was not “conservative”--it was irresponsible.

Comments

Mfary   

"taxpayers) would have to pay the other costs, such as filing fees, paperwork, deposition and court costs. "  Any idea how much this ended up costing us then...how many custodial positions lost or books not bought?

February 15, 2008 5:25 PM

Linda Richter   

I don't know how much the New Berlin School Board's attempts to intervene in the state workers domestic partners lawsuit will end up costing the School District. But it's a question I'll be asking District Adminstration, though.

February 15, 2008 6:16 PM

Disappointed Constituent   

You should be commended for keeping the community informed on such issues.  It is just another example of the mentality of some on the School Board, and their priorities.  I see some parallels to aldermen in City government who pushed for frivilous lawsuits that also cost us taxpayers fortunes. Personal goals rather than what best serves our students or community seems to take center stage, and hurt all of us.  

I just read in yesterday's paper that our New Berlin Superindentent talks about saving money by now paying administrative personnel at lower rates.  Is the BOE now deliberately hiring less qualified, less experienced persons to save taxpayers money or were they overpaying former administrative staff and the previous superintendent too much for too long?  With the New Berlin School Board flip flop rhetoric, one can never be sure.  

I also think New Berlin taxpayerss should look carefully at the record of our Superintendt while serving in his previous district. My review suggests a pattern or preference for out sourcing jobs.  With the attitude of the School Board and this inclination, who could be next?  I wonder how the taxpayers of another school district enjoy paying for his health insurance as also reported in the paper?  

At least to me, the problems in our School District are a result of School Board leadership.  No more excuses, or blame, they need to be held accountable.  As we eliminate custodial and clerical administrative staff, what's next, teachers being expected to clean the buildings and spend even less time teaching?  

I hope that voters at every school board election make it a point to question ALL candidates on every issue before they cast their vote.  We need Board of Education Members who put our kids first!

February 15, 2008 6:38 PM

Mfary   

"Linda Richter :

I don't know how much the New Berlin School Board's attempts to intervene in the state workers domestic partners lawsuit will end up costing the School District. But it's a question I'll be asking District Adminstration, though."

Thank you for perusing this and getting the information out there even if in this limited format.  So many people remain in the dark because they ignore their doubts and do not seek answers to gain enlightenment.  Thanks for taking the bushel off of my candle !

February 15, 2008 7:39 PM

Paul Gallagher   

I do agree with the SB's position on the health insurance issue. But they took an arrogant and foolhardy way to go about making their point.

This situation is not unlike the numerous expensive lawsuits that the New Berlin Common Council has been involved in. The Council has also ignored legal adivce and pursued costly litigation, only to lose. It is no coincidence that the Council and school board are controlled by the same small group of narrow-minded extremists.

February 16, 2008 8:41 AM

had to comment   

They wanted to get involved in the suit because many of these board members, past and present, are extreme right wingers similar to George Bush and his comrades. Mark Gundrum, definitely an extreme right winger, asked the board to get involved. Of course they had to say..."yes master....we will do as you say...we are good extreme right wingers master".....and thus New Berlin's odd involvement in this suit.

They don't even believe in public school systems. They would prefer everyone  send their children to private schools and that they no longer have to pay public school taxes.

They want to see public school systems weakened because they believe in the voucher system for schools. They believe in vouchers because it puts dollars in their own pockets they otherwise would not have. The eventual goal is to completely eliminate public schools. But they know you have to take baby steps first. They want to take the tax dollars they pay to public schools and instead use those dollars to pay for their children's education at private schools, like the religious schools many of them want to send their children to. The best way to get this done is to make the school systems undesirable, similar to Milwaukee's situation. Then people who normally would use the public schools will want vouchers too and it's easier to get something passed when you have support from more people.

Are they weakening our New Berlin Public Schools.......rumor has it all our accounting courses and shop classes have or will be within the next year disappearing from the schools along with a lot of the janitors. As I have said before, these people want a bare bones school system that can't compete with the private schools.

The classrooms are already growing overcrowded and we as a district offer less and less to the students each year. So are we moving in the direction of having our schools become less maintained, dirty and offering less and less to the students with each year that passes? Heck yes.  I'd have to say mission is being accomplished slowly but surely.

So why get involved in this gay lawsuit. Because the extreme right wingers are anti-gay of course. After all, they are extreme right wingers. If you are a good little extreme right winger you are anti-government, anti-gay, pro-corporation, anti-public school, etc.

You do what the leadership of your extreme right wing asks. Mark Gundrum and Co. came and asked for involvement. What else could our extreme right wing board members do ?

A while back the School Board President said involvement in the lawsuit had nothing to do with being anti-gay, instead it was because the district feared if gay peoples partners could get benefits like a heterosexual couple it would blow the budget out of the water. What a pile of baloney. If it was about the money those board members should want every district employee to be gay. Gay people have far fewer dependents than heterosexuals. It would save our district oodles of tax dollars. No............it's about being anti-gay and in my opinion virtually everything this board has done since the turn of the century is about being a good little extreme right winger. Unfortunately that is proving very destructive to the great public schools we use to have in New Berlin and that I believe is what is holding our property values below the rest of the suburbs in Waukesha County. Have you been duped ?

February 16, 2008 9:20 AM

Paul Gallagher   

HTC,

You are wrong. The school board is comprised of the most tolerant non-judgmental people around. I know that, because I've heard them say so.

February 17, 2008 7:03 PM

Mark Musselman   

This court ruling does not indicate a bad move by New Berlin or any of the other school boards.  Since the opposing interests can pool resources in such cases, it is logical for individual school districts to attempt to do the same.

Overall this board and the previous one with Matt Weiss have done very well at balancing the interest of the tax payers with the needs of the students.  With spending over $11,800 per student per year, the students are hardly short-changed.

Sniping at board members over their other affiliations or where they send their children to school is unbecoming.  

February 18, 2008 7:12 PM

Linda Richter   

Spending money unnecessarily on this lawsuit was irresponsible and foolish.For the School Board to retain an activist attorney and jump into this without first meeting with its own District legal counsel was irresponsible and foolhardy. Dumb spending is dumb spending, no matter how much money one has.

New Berlin School Board sought to get into this lawsuit along with 7 other "municipalities" as a party (defendant)in the case and three courts,including the state Supreme Court said NO.

The 8 municipalities and the Legislature could simply have filed a friend of the court brief if they were determined to express their viewpoint--instead of persistently and unsuccessfullly trying to insert themselves into the lawsuit.  

February 19, 2008 10:26 AM

had to comment   

"Overall this board and the previous one with Matt Weiss have done very well at balancing the interest of the tax payers with the needs of the students.  With spending over $11,800 per student per year, the students are hardly short-changed."

The above is a quote from Mr. Musselman.

I'd have to say this to Mr. Musselman. Apparently $11800 is not enough and the students are being short changed and the evidence is in the fact that every year these boards cut more from the school system including something so basic as the cleaning of the schools.

When you can't afford basic maintenance you are shortchanging. You and others like you simply see a big number and feel since it's big, it's enough. Life isn't that simple.

February 19, 2008 11:07 AM

Linda Richter   

I've also noticed that NB SB VP Matt Thomas, who was so critical of recall member Doug Dehler for being an attorney outside of the District (Thomas ignored the fact that Dehler's kids attended New Berlin Public Schools), and not been publicly critical of Michael Dean, an activist attorney from outside the District, for dragging the SB into this lawsuit (Dean's arguments for the municipalities intervention in the lawsuit were rejected by the Courts). Nor has Thomas publicly lambasted the School Board members (Jennifer Eitel, Matt Weiss, Susan Manley, Donna Rathsack and Art Marquardt) who voted to retain activist attorney Dean and pursue this.

February 19, 2008 11:11 AM

Linda Richter   

oops. There are some typos in my comment above. Here's the correction: (Thomas ignored the fact that Dehler's kids were attending New Berlin Public Schools), and has not been publicly critical of Michael Dean, an activist attorney from outside the District,.......

February 19, 2008 1:43 PM

Inside New Berlin   

Under the "conservatives" leadership, New Berlin Public Schools had a drop in student test

April 7, 2009 8:00 AM

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About Linda Richter

A former School Board member who has lived in New Berlin for more than three decades, Linda's blog will keep residents informed about what's happening in the city.

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