and where they make a wilderness, they call it peace.
.
Paul Krugman says that we'll soon realize that Gross Domestic Product (GDP) is growing. He actually said that on the Sunday TV chat circuit. Not to put too fine a point on it, but I would really like to know what you mean by that Paul....
Do you mean that the Atlanta homebuilders are going to open up a new suburban frontier down in Twiggs County so that commuters can enjoy driving Chrysler Crossfires a hundred and sixty miles a day to new jobs as flash traders in the Peachtree Plaza?Do you mean that the Home Equity Fairy is going to wade into the sea of foreclosure and save twenty million mortgage holders currently sojourning in the fathomless depths with the anglerfish?Do you mean that all the bales of deliquescing, toxic "assets" hidden in the vaults of Citibank, JP Morgan, Bank of America, et al, (not to mention on the books of every pension fund in the USA, and not a few elsewhere) will magically turn into Little Debbie Snack Cakes on Labor Day weekend? Do you mean that American Express and Master Card are about to declare a Jubilee on accounts in default everywhere? Do you mean that General Motors will produce a car that a.) anyone really wants to buy and b.) that the company can sell at a profit?
What's growing in this country besides unemployment, bankruptcy, repossession, liquidation, gun ownership, and suicidal despair? In short, are you out of your mind, Paul Krugman?
SUBCHAPTER VThis citizen has twice taken this concern about a series of apparent egregious and long-standing violations of the public's right to the "fullest and most complete information regarding the affairs of government..." to the District Attorney of Waukesha. That official has declined--in both instances--to pursue an investigation.
OPEN MEETINGS OF GOVERNMENTAL BODIES
19.81 Declaration of policy.
(1) In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.
STATE OF WISCONSIN CIRCUIT COURT WAUKESHA COUNTY
1909 Easy Street, Waukesha, WI 53188
v.
WAUKESHA WATER UTILITY COMMISSION,115 Delafield Street, Waukesha, WI 53188
PEGGY BULL,
223 Debbie Dr., Waukesha, WI 53189
JERRY COURI,
1215 Seitz Drive, Waukesha, WI 53186
LARRY NELSON,
201 N. Prairie Avenue, Waukesha, WI 53186
City Hall - Room 208, 201 Delafield Street, Waukesha, WI 53188
RICK TORTOMASI,
2827 Minot Lane, Waukesha, WI 53188
DANIEL WARREN,
1259 Lambeth Road, Waukesha, WI 53189
GREG ZINDA
206 Mandan Drive, Waukesha, WI 53188
Wisconsin oPEN mEETINGS cOMPLAINT
JURISDICTION
This Wisconsin Open Meetings complaint, taken on behalf of the State of Wisconsin, is in regard to the closed meetings held by the members of the Waukesha Water Utility Commission and actions taken in those meetings dealing with the City of Waukesha's water supply and affecting the citizens of the City, as well as the State of Wisconsin.
Furthermore, the Waukesha County Circuit Court has jurisdiction over this complaint under Wisconsin Open Meetings Law. According to Wis. Stat. § 19.97(4), a private action can be filed in court after a complaint is first filed with the District Attorney's Office and 20 days has passed. This complaint was previously filed with the Waukesha District Attorney's Office on May 15, 2009. The District Attorney?s Office has yet to respond to the previous complaint.
FACT ALLEGATIONS
1. On June 21, 2007, Jerry Couri, Commission Secretary (1215 Seitz Drive, Waukesha, WI 53186); Peggy Bull, Commissioner (223 Debbie Dr., Waukesha, WI 53189); and Greg Zinda, Commissioner (206 Mandan Drive, Waukesha, WI 53188) were members of the Waukesha Water Utility Commission.
2. Likewise, on November 14, 2007, Daniel Warren, Commission President (1259 Lambeth Road, Waukesha, WI 53188); Greg Zinda, Commissioner (206 Mandan Drive, Waukesha, WI 53188); Larry Nelson, Mayor (201 N. Prairie Avenue, Waukesha, WI 53186); and Peggy Bull, Commissioner (223 Debbie Dr., Waukesha, WI 53189) were members of the Waukesha Water Utility Commission.
3. Furthermore, on June 18, 2008, Daniel Warren, Commission President (1259 Lambeth Road, Waukesha, WI 53188); Greg Zinda, Commissioner (206 Mandan Drive, Waukesha, WI 53188); Larry Nelson, Mayor (201 N. Prairie Avenue, Waukesha, WI 53186); and Rick Tortomasi, Commissioner (2827 Minot Lane, Waukesha, WI 53188) were members of the Waukesha Water Utility Commission.
4. On these dates, the Commission was a governmental body within the meaning of
Wis. Stat. § 19.82(1). Likewise, on these dates, there was a majority of the Commission members present at the June 21, 2007, November 14, 2007, and June 18, 2008 meetings with the purpose of conducting governmental business. Therefore, the members of the Commission were in a meeting within the meaning of Wis. Stat. § 19.82(2).
5. On June 21, 2007 and November 14, 2007, the members of the Commission held closed meetings. For each of these closed meetings, the Commission cited that they were closed pursuant to § 19.85(1)(e) & (g), "to discuss strategy relative to our long term water options, as well as radium compliance, with legal counsel." Waukesha Water Utility Commission Meeting Minutes, 1-2 (June 21, 2007), available at http://www.ci.waukesha.wi.us/
6. Additionally, at the November 14, 2007 meeting, the Commission approved the 2008 Budget. The 2008 Budget contained a $300,000 expenditure for consulting services to assist in achieving a Great Lakes diversion. This expenditure was not discussed in public by the Commission.
7. The members of the Commission held another closed meeting on June 18, 2008 stating it was pursuant to § 19.85(1)(e), [for a] discussion of several potential municipal sources of Great Lakes water supplies, along with return flow options, and the potential costs associated with the supply and return flow options.? Waukesha Water Utility Commission Meeting Minutes, 1-2 (June 18, 2008), available at http://www.ci.waukesha.wi.us/
CLAIMS
The members of the Waukesha Water Utility Commission have consistently acted in violation of Wis. Stats. § 19.96, § 19.85(1)(e), and § 19.84(2) of the Wisconsin Open Meetings Law and their responsibilities to the public by frequently holding close meetings where they have discussed and made decisions on water supply policy, particularly regarding a potential Great Lakes diversion. The closed meetings on June 21, 2007, November 14, 2007, and June 18, 2008 were held with the purpose to prevent public debate and knowledge regarding the Commission's water supply discussions despite the tremendous public interest in the environmental, public health, and fiscal aspects of these water supply issues. Under Wis. Stat. § 19.81(1), the public would be entitled to the " fullest and most complete information" regarding these water supply concerns.
The Commission and its members violated Wisconsin Open Meetings Law in the following ways:
COUNT I ? Misuse of Wis. Stat. §19.85(1)(e) Open Meetings Exception
The Commission members have repeatedly misused the limited Open Meetings exemption Wis. Stat. § 19.85(1)(e) to justify their closed meetings. For the June 21, 2007, November 14, 2007, and June 18, 2008 closed meetings, the Commission members used broad language that does not cite, as required by § 19.85(1)(e) and case law, how "competitive or bargaining" interests are implicated and therefore give the Commission no other option than to move to a closed session. See State ex rel. Citizens for Responsible Development v. City of Milton, 731 N.W. 2d 640, 644 (Wis. App. 2007) and Wisconsin Department of Justice Wisconsin Open Meetings Law: A Compliance Guide 18 (2007).
COUNT II Insufficient Public Notice
The members of the Commission violated Wis. Stat. § 19.84(2) by giving insufficient notice to the public regarding the Commission's closed meetings. In particular, the notices for the June 21, 2007, November 14, 2007, and June 18, 2008 closed meetings fail to reasonably apprise the public on the subject matter of the closed session. § 19.84(2). These notices do not meet the reasonableness standard as set forth in Wisconsin Supreme Court decision, Buswell v. Tomah Area School District, 2007 WI 71, 732 N.W.2d 804 (2007). To determine whether a notice was reasonable, there must be a "balancing of factors that consider the burden of providing more detailed notice, whether the subject is of particular public interest, and whether it involves non-routine action that the public would be unlikely to anticipate." Id. at 814.
In the facts and circumstances of this case, the Commission's notices to the public did not meet this reasonableness standard because it would have only been a negligible burden on the Commission to give more specific notice detailing the matters that were to be discussed in the closed meetings. Additionally, there is strong public interest in water supply policy and its environmental, health, and fiscal ramifications. Furthermore, these long term water policy decisions are novel issues of which the public would be unaware.
DEMAND FOR RELIEF
Plaintiff demands the following relief:
1. Declaratory Relief Stating that Commission Violated Wisconsin Open Meetings Law.
Plaintiff requests that the Court enters a declaratory judgment, in accordance with Wis. Stat. § 19.97(2), stating that the Commission and its members violated the Wisconsin Open Meetings Law.
2. Public Disclosure of Discussions and Decisions Made in Closed Meetings.
Plaintiff also requests that the Court awards equitable relief, pursuant to Wis. Stat. §19.97(2), by ordering that the discussions and decisions made in June 21, 2007, November 14, 2007, and June 18, 2008 closed meetings that violated the Wisconsin Open Meetings Law be disclosed to the public. Such a disclosure would best fulfill the Open Meetings Law's purpose of fostering an "informed electorate" where the "public is entitled to the fullest and most complete information regarding the affairs of government." Wis. Stat. § 19.81(1). In the present case, the public should have access to the Commission's discussions and decisions made in these meetings since it would have otherwise been entitled to hear them if the Commission properly followed Wisconsin Open Meetings Law.
3. Void Any Actions Taken by the Commission in the Closed Meetings.
Furthermore, any action taken by the Commission made in the closed meetings held on June 21, 2007, November 14, 2007, and June 18, 2008 should be void. Under Wis. Stat.
§ 19.97(3), the actions of the Commission can be voided by the Court if it finds that the public interest in voiding the actions taken in an improper closed meeting outweighs the public interest in sustaining the actions. Here, there is significant public interest regarding the environmental, health, and cost consequences that relate to Waukesha's long term water supply issues. This public interest regarding these important issues outweighs the interest in sustaining the Commission's actions that were made on behalf of the public in improper closed meetings.
4. Forfeitures from each Commission Member to be paid to the State.
Also pursuit to Wis. Stat. § 19.96, the plaintiff is seeking a forfeiture of $300 from each member for each violation to be paid to the state under Wis. Stat. § 19.97(4). This amount of forfeiture is justified due to the Commission's repeated misuse of closed meetings and the sensitive nature of these closed meetings given the environmental, health, and fiscal implications of the Commission's water supply discussions which the public should have been part of under the Wisconsin Open Meetings Law.
5. Award Actual and Necessary Costs of Prosecution.
Plaintiff requests that the Court reimburses him for the "actual and necessary costs of prosecution," including "reasonable attorney fees." Wis. Stat. § 19.97(4).
Dated: June 19 , 2009
^ The Kissinger Telcons: Kissinger Telcons on Chile, National Security Archive Electronic Briefing Book No. 123, edited by Peter Kornbluh, posted May 26, 2004. This particular dialogue can be found at TELCON: September 16, 1973, 11:50 a.m. Kissinger Talking to Nixon. Accessed online November 26, 2006.
- Nixon: Nothing new of any importance or is there?
- Kissinger: Nothing of very great consequence. The Chilean thing is getting consolidated and of course the newspapers are bleeding because a pro-Communist government has been overthrown.
- Nixon: Isn't that something. Isn't that something.
- Kissinger: I mean instead of celebrating – in the Eisenhower period we would be heroes.
- Nixon: Well we didn't – as you know – our hand doesn't show on this one though.
- Kissinger: We didn't do it. I mean we helped them. [garbled] created the conditions as great as possible.
- Nixon: That is right. And that is the way it is going to be played
h/t Ed Werstein
Glen Greenwald in Salon today. (G.G., perhaps the only reason to look at Salon)
"...To justify the absolute immunity he wants for government lawbreakers, Broder describes the Bush era as
One of the darkest chapters of American history, when certain terrorist suspects were whisked off to secret prisons and subjected to waterboarding and other forms of painful coercion in hopes of extracting information about threats to the United States.""But that's easy to say now that the Bush presidency is over and the evidence of its criminality so undeniable. But Broder never said any such thing while it was all taking place, when it mattered. In fact, he did the opposite: he mocked those who tried to sound the alarm about how radical and "dark" the Bush presidency was and repeatedly defended what Bush officials were doing as perfectly normal, unalarming and well within the bounds of mainstream and legitimate policy.
(snip)
"More than anything else, Broder's column illustrates the Central Creed of Beltway Culture, which should be memorialized on plaques throughout that city:
When poor and ordinary Americans who commit crimes are prosecuted and imprisoned, that is Justice.
When the same thing is done to Washington elites, that is Ugly Retribution."
Kelly Peña, “the kid whisperer,” is helping the Walt Disney Company to reassert itself as a cultural force among boys.
ENCINO, Calif. — Kelly Peña, or “the kid whisperer,” as some Hollywood producers call her, was digging through a 12-year-old boy’s dresser drawer here on a recent afternoon. Her undercover mission: to unearth what makes him tick and use the findings to help the Walt Disney Company reassert itself as a cultural force among boys.Ms. Peña, a Disney researcher with a background in the casino industry, zeroed in on a ratty rock ’n’ roll T-shirt. Black Sabbath?
“Wearing it makes me feel like I’m going to an R-rated movie,” said Dean, a shy redhead whose parents asked that he be identified only by first name.
Jackpot.
Ms. Peña and her team of anthropologists have spent 18 months peering inside the heads of incommunicative boys in search of just that kind of psychological nugget. Disney is relying on her insights to create new entertainment for boys 6 to 14, a group that Disney used to own way back in the days of “Davy Crockett” but that has wandered in the age of more girl-friendly Disney fare like “Hannah Montana.”...Not that it never did make sense. And not that it never will...
Listen to Jim Kunstler make a strong case in a conversation with Jebediah Reed of The Infrastructurist, for the need to start with the abandoned/deteriorated rail roadbeds we have, and add to them, to create a great deal more stimulus bang for the stimulus buck.... And for building new rolling stock that isn't necessarily the state-of-the-art level of high tech. Just good intercity rail that will move both people and goods....
JR: So we’re starting a major new round of investment in our national infrastructure. Can we agree that’s a good thing?
JHK: Well, for instance, I think it would be a catastrophic mistake to devote a trillion dollars to fixing up the highways. I mean the days of “happy motoring” in this country truly are behind us. We should be planning for a period when energy resources are much more scarce. Throwing that kind of money at roads is not the way to go about doing this.How would you be doing it?
I don’t know that I would undertake a spending program like this at all. That said, I’m a pretty strong advocate of repairing the national rail system. It’s obviously not the answer to everything. But it would certainly put a lot of people to work doing something that’s meaningful for society. The infrastructure is out there, waiting to be fixed. I’m pretty adamant that we shouldn’t be going the path of high-tech, maglev, high speed rail at this moment, because we need to prove that we can do this at the Hungarian level before we try to proceed past that.That doesn’t sound very ambitious.
I perceive one our biggest problems being techno-grandiosity. We are so full of ourselves and so sure that technology is going to rescue us and that we’re so good at it that we can defeat every problem that faces us. It’s a fatal hubris, and it’s subscribed to by an awful lot people who have something to say about the course we take in this country.In the past, you’ve been critical of Amory Lovins of the Rocky Mountain Institute on similar grounds.
Don’t get me started on Amory Lovins. His basic program for hypercars promotes car dependency. Why do that unless you think we’re going to continue as a car dependent society? That’s why the highway infrastructure thing is so bad, because we’re not going to be able to continue the way we’ve been going. The car is not going to vanish overnight, of course. But it’s certainly going to become a problem as people develop resentments because they can no longer afford to participate in it [as oil prices rise over time].But you think the answer with rail is to keep it very simple.
Absolutely. The infrastructure is already out there! The track beds are there! And you need an entirely new track corridor for high speed rail, because the high speed trains can’t deal with the curves in the existing tracks. The idea that we would have to create a whole new set of right-of-ways is nuts when we’re not even utilizing what we have. Another thing to keep in mind is that we’re going to be facing a lot of adversity in the years ahead, and we are a culture that will require psychological reassurance. We should have a project that’s achievable. We need to demonstrate to ourselves that we’re still competent.And the simple version of the national rail buildout would do that.
This rail project is ideal for that purpose. As I’ve said, we’ve got the tracks, and the rolling stock is pretty easy to get. You could argue that GM should be making this stuff. But it’s terribly important that we fortify ourselves psychologically so we have some faith in our ability to face all the other really important challenges that lie in front of us.A lot of smart people are warning that if we’re going make this kind of enormous national investment, it would be a political disaster for Obama not to have some very tangible things to show for it.
If that’s true it would have been nice to have converted more of it into real and useful things while it was around — like, say, a good national rail network and a better electrical grid.
Well, 2009 could turn out to be a politically rocky year. It’s really not clear how things are going play out in terms of the energy picture, the oil picture, and the picture for finance and capital. I’m afraid what’s really going on here is that a huge amount of capital is gone and is never, ever coming back again in any form.