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State Rep. Ryan Clancy kicked out of ALEC meeting as GOP legislators draft model state laws

By: Erik Gunn
9 December 2024 at 11:45

State Rep. Ryan Clancy (D-Milwaukee) takes a selfie at the 2024 conference of the American Legislative Exchange Council (ALEC) in Washington, D.C. (Photo courtesy of Ryan Clancy)

Milwaukee State Rep. Ryan Clancy readily admits he was the odd one out last week at a Washington, D.C., meeting of the American Legislative Exchange Council (ALEC).

ALEC, a nonprofit that brings together  state lawmakers and corporations and drafts model legislation, describes its point of view as “dedicated to the principles of limited government, free markets and federalism.” It has produced state policies  embraced almost solely by Republicans — drafted with input from  corporate members of the  organization.

Clancy is neither a Republican politician nor a corporate official. “To the best of my knowledge, I would be the only Democrat — and almost certainly the only socialist” at the States & Nation Policy Summit ALEC held Tuesday through Thursday, Clancy said in an interview. But as a state legislator, he was technically welcome at the event.

On the last day, however, Clancy was summarily kicked out and told his registration would be withdrawn and the fee refunded. While declining to explain how, an ALEC spokesman said Clancy was being “disruptive” — something Clancy categorically denies.

Attending an ALEC event was important to him, said Clancy, who is just wrapping up his first term in the Assembly after being elected in 2022. He wanted to see the process by which ALEC drafts model legislation and distributes bill proposals through its member lawmakers to statehouses around the country.

Clancy said that in his first term in Madison he has seen a lot of legislation circulate that originated in ALEC proposals. Those included more than a dozen bills putting restrictions on trans and nonbinary people, such as preventing gender affirming medical care for people under 18, he said.

“My oldest child is trans,” Clancy said in an interview. “It was just horrific to have to bring together the community to push back on those. But it was also good to know about them in advance.”

Clancy said the anti-trans legislation points to priorities that he believes ALEC has beyond the talking points it makes about individual liberty, free markets and limited government.

“Even more economic-seeming policy discussions were often peppered with anti-trans and anti-DEI comments behind the scenes,” Clancy said. 

While his attendance was cut short, he said, his time at the session offered a preview of ALEC-inspired legislation that he expects to see in the coming session of the state Legislature, and an opportunity for his fellow Democratic lawmakers to “figure out how we can push back on that.”

Democratic tradition

When Clancy joined ALEC and signed up to attend last week’s policy summit, he was following a tradition among Wisconsin Democrats in the state Legislature, who have long viewed the organization with suspicion. 

The first Democrat to decide to attend ALEC sessions was then-state Rep. Mark Pocan, who began attending the meetings two decades ago, before he became a member of Congress. He was succeeded by Democratic Rep. Chris Taylor, who has since left the Legislature when Gov. Tony Evers appointed her to Dane County circuit court, before her election to the Wisconsin Court of Appeals. 

Most recently in 2023, Reps. Kristina Shelton (D-Green Bay) and Francesca Hong (D-Madison) attended an ALEC annual meeting in Florida.

ALEC has its lawmaker members join two task forces, and Clancy, a former Milwaukee Public Schools teacher, chose education and the environment.

In the education task force, Clancy caught a discussion about legislation that would give families who home-school their children or enroll them in private schools a tax credit to offset the taxes they pay to support public schools.

“They were looking at it as fairness because [those families] shouldn’t have to pay for public schools and also pay for homeschooling or a private school as well,” he said.

As proposed, the tax credit would be non-refundable — meaning that a taxpayer would only collect up to the amount of their tax liability.

“What that means is if you are fairly well off, like middle class or rich, and you have a big tax liability at the end of the year, you’d get that back,” Clancy said. A lower-income family with a lower tax liability wouldn’t get as much, even if their school expenses were just as high.

He said another lawmaker suggested that in the name of fairness, the tax credit should be made refundable — paying the balance of the credit amount in cash to someone whose tax liability was less than the credit’s full value.

The lawmaker presenting the proposal rejected the suggestion, saying that “it was not supposed to be, quote, a wealth redistribution program,” Clancy said. The lawmaker called that “a bright line and she absolutely would never support that.”

Recycling — conservative or ‘woke’?

At the environmental task force session he attended, the principal topic was recycling — a subject that provoked conflicting opinions.

One participant advocating incentives for recycling disposable cans and bottles instead of sending them to landfills declared, “Conservation is conservative,” according to Clancy. “And then you have other people very angry about this saying no … recycling is ‘woke.’”

Still others countered in defense of recycling aluminum in particular, making the argument that “communist China is going to continue to get a leg up because we import aluminum from communist China all the time,” Clancy said.

Those arguments revolved around a model bill that  would establish a deposit-based recycling system operated by the beverage industry rather than the state, with the deposit funds that consumers don’t collect staying with the industry, offsetting the costs for recycling initiatives and for marketing the system to consumers. “This would be a handout to corporations,” Clancy said.

Clancy said that throughout the meetings he kept his own reactions to the proposals to himself and listened to other lawmakers as they discussed the issues. He took notes and photographed information slides with his phone, something that he said he saw many other participants doing.

But he said he never spoke up during any of the presentations, raised questions or publicly engaged presenters or other participants.

“The extent of my behavior in both the task forces and the workshops was sitting there taking notes, holding up the [phone] camera and getting pictures of what was going on, just like all of the other participants who were not told to leave for that same behavior,” Clancy said.

Kicked out of the meeting

In the midst of the last session he attended on Thursday, however, a hotel security staff member came to him and escorted him from the room. Outside he was told that his registration had been withdrawn.

Clancy, who recorded the exchange with the security staff member, asked why he was being thrown out. The security staffer deferred the answer to ALEC officials, but Clancy said he’s never been told what violations he was accused of.

When registering, Clancy said he was directed to a code of conduct that ALEC has posted directed to media covering the event, but that he has seen no other such list of rules for participants. In any event, he said, he took pains to not draw attention to himself.

“I have recordings of all the things that I was in, and you can hear me not asking questions,” Clancy said. “That’s really difficult for me,” he added. “I mean, to be in those spaces, to hear them saying those things, and not to say what the hell is wrong with you people was an act of will on my part, and I succeeded. I managed not to say any of the things that a reasonable person would say in that situation, because I didn’t want to be, you know, accused of disrupting or anything else.”

Clancy questioned an unnamed ALEC representative whether he was being thrown out because he’d been identified as a Democrat or a socialist. He suggested that in doing so the organization would be running afoul of its 501(c)(3) tax-exemption and IRS rules under which “they can’t give undue influence to inside members of their group and exclude people based on partisan things.”

In response to the Wisconsin Examiner’s inquiry, ALEC’s communications director, Lars Dalseide, replied in an email message.

“All are welcome at ALEC events, where all attendees are asked to abide by our long-standing code of conduct. One that ensures a welcoming and productive experience for everyone in attendance. Sadly, the individual in question failed to adhere to these guidelines. On the final day of the conference, after several complaints, he was asked to leave,” Dalseide said.

In a subsequent email, Dalseide declined to clarify what actions of Clancy’s constituted conduct violations.

“We don’t release those kinds of details to the press,” he said. “If we did, then every speaker, member, and guest wouldn’t feel comfortable speaking freely at our events.”

While Dalseide said that attendees were reminded of the code of conduct at each session, Clancy denied that. 

“They did not ever make reminders of any code of conduct at the beginning of any session, nor did I ever make a single comment or ask a question within any of them,” Clancy said. “I still don’t know what rules they’re accusing me of violating, or why speakers wouldn’t feel comfortable speaking if they knew the rules for attendees.”

Dalseide also relayed an additional statement from Leah Vukmir, a former Wisconsin state senator and former ALEC National Chair:

“The Wisconsin Socialist Party has been sending people to disrupt ALEC meetings for years, so it’s no surprise that the newest member of the Wisconsin Socialist Party would try to cause trouble at this year’s event. As a former National Chairman, I can attest to the fact that ALEC has always welcomed all views as long as individuals conduct themselves in a mature, professional manner.”

Clancy said he is a Democratic Party member and that, while he also identifies politically as a socialist, he is not a member of any Wisconsin Socialist Party, nor had he  heard of any past actions by socialist-aligned groups to disrupt ALEC events.

Rep. Pocan was reached through his Congressional office and asked if during his years of attending ALEC he recalled any socialist groups attending or engaging in disruptive behavior.

“Nope,” Pocan replied in a text message. 

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Judge strikes down core parts of Act 10 that stripped most public workers’ union rights

By: Erik Gunn
2 December 2024 at 22:20
Act 10 protests at the Wisconsin Capitol 2011. Photo by Emily Mills CC BY-NC-ND 2.0

Protesters filled the Wisconsin Capitol in 2011 to protest the legislation that ultimately past as Wisconsin Act 10, eliminating most union rights for most public employees. (Photo by Emily Mills. Used by permission)

A Dane County judge on Monday struck down the core parts of the landmark state law that eviscerated most union rights for most public employees in Wisconsin.

Judge Jacob Frost ruled that Act 10, passed by the state Legislature’s Republican majority in 2011 and signed by former Republican Gov. Scott Walker in his first year in office, was unconstitutional in making some public safety workers exempt from the law’s limits on unions but excluding other workers with similar jobs from those protections.

The ruling essentially confirmed Frost’s ruling on July 3, 2024, when he rejected motions by the state Legislature’s Republican leaders to dismiss the 2023 lawsuit challenging Act 10.

In that ruling, Frost declared that state Capitol Police, University of Wisconsin Police, and state conservation wardens were “treated unequally with no rational basis for that difference” because they were not included in the exemption that Act 10 had created for other law enforcement and public safety employees.

For that reason, the law’s categories of general and public safety employees, and its public safety employee exemption, were unconstitutional, Frost wrote then.

Frost reiterated that ruling Monday. “Act 10 as written by the Legislature specifically and narrowly defines ‘public safety employee,’” Frost wrote. “It is that definition which is unconstitutional.”

In addition, the judge rejected the suggestion that Act 10 could remain in effect without the law’s public safety employee carve-out, and that either the courts or the Wisconsin Employment Relations Commission could resolve a constitutionally acceptable definition in the future.

“The Legislature cites no precedent for this bold argument that I should simply strike the unlawful definition but leave it to an agency and the courts to later define as they see fit,” Frost wrote. “Interpreting ‘public safety employee’ after striking the legislated definition would be an exercise in the absurd.”

Advocates, lawmakers react

Opponents of the law, including plaintiffs in the lawsuit, cheered Monday’s ruling, while Act 10’s backers attacked it and vowed to see it through the appeals process.

The lawsuit was brought on behalf of a group of local and state unions and public employees by the progressive nonprofit law firm Law Forward along with Bredhoff & Kaiser.

“This historic decision means that teachers, nurses, librarians and other public-sector workers across the state will once again have a voice in the workplace,” said Jeff Mandell, Law Forward president and general counsel. “Every Wisconsin family deserves the chance to build a better future through democratic participation in a union. As an organization dedicated to protecting and strengthening democracy, Law Forward is proud to have been a part of this important case.”

Assembly Speaker Robin Vos (R-Rochester), dismissed Monday’s ruling. Through its Republican leaders, the Legislature was among the defendants in the lawsuit.

“This lawsuit came more than a decade after Act 10 became law and after many courts rejected the same meritless legal challenges,” Vos said in a statement. “Act 10 has saved Wisconsin taxpayers more than $16 billion. We look forward to presenting our arguments on appeal.”

Gov. Tony Evers, who has sought to repeal Act 10 since he took office in 2019, applauded the ruling.

“This is great news,” Evers, a Democrat, said in a social media post on BlueSky and on X. “I’ve always believed workers should have a seat at the table in decisions that affect their daily lives and livelihoods. It’s about treating workers with dignity and respect and making sure no worker is treated differently because of their profession.”

Evers sought to repeal the law in each of the three state budgets he has submitted since taking office, but the Legislature’s Joint Finance Committee Republicans stripped those provisions each time.

Ben Gruber, a conservation warden and union leader, called the ruling “personal for me and my coworkers.” Gruber is one of the named plaintiffs in the lawsuit.

“As a conservation warden, having full collective bargaining rights means we will again have a voice on the job to improve our workplace and make sure that Wisconsin is a safe place for everyone,” he said in a statement distributed by the Wisconsin Education Association Council (WEAC).

Member local unions of WEAC were among the plaintiffs.

“The lawsuit was filed because of the dire situation that exists in Wisconsin’s public service institutions since workers’ freedoms were unconstitutionally taken away,” WEAC stated. “The state’s education workforce is in crisis as 40 percent of teachers leave the profession in the first six years because of low wages and unequal pay systems; the conservation warden program is fraught with unfair and disparate treatment of workers; and there is a 32 percent staff vacancy rate for corrections officers.”

Also joining in the lawsuit was the union representing University of Wisconsin  graduate students who work as teaching assistants, TAA Local 3220.

“Graduate workers look forward to claiming our seat at the table to ensure our teaching and research, which helps make UW-Madison a world-class university, are supported and compensated fairly,” said TAA’s co-president, Daniel Levitin. “The winds of change are blowing in our direction and we urge the university to take note and voluntarily recognize the TAA as the union of graduate workers and be prepared to meet us at the bargaining table.”

TAA is affiliated with the American Federation of Teachers. “Workers must have the right to partner with their employer and negotiate fair wages, benefits, and working conditions,” said AFT-Wisconsin President Kim Kohlhaas.

Appeals expected

WEAC’s statement cautioned that the ruling’s impact would be delayed by appeals. “The plaintiffs acknowledge that while this decision is a major win for Wisconsin’s working families, it is likely that the case will remain in the courts for some time before a final victory is reached and pledge to continue fighting until the freedoms of all workers in Wisconsin are respected and protected,” the teachers union said.

Sen. Dianne Hesselbein (D-Middleton) was first elected to the Legislature the year after the law was passed and now leads the Democratic minority in the state Senate.

“This is a crucial step to recognize and restore the rights of hard-working public employees doing the people’s work in every corner of Wisconsin,” Hesselbein said in a statement. “There are likely further hurdles ahead and I applaud the resolve of those who have kept up the effort to restore the right to collectively bargain in the state.”

State Rep. Ryan Clancy (D-Milwaukee) was a Milwaukee Public Schools teacher when the law was enacted.

“I saw firsthand the negative impact that the lack of collective bargaining had not only on our profession of teaching but also the schools, students, and our communities,” Clancy said in a statement. He called Monday’s ruling “a crucial step to ensuring that every Wisconsin worker has access to fair and equitable working conditions.”

Sen. Rachael Cabral-Guevera (R-Fox Crossing), was among the GOP lawmakers decrying the decision, declaring that the law had saved taxpayers $30 billion — nearly twice the figure Vos asserted.

“Today, an activist Dane County judge overstepped his role and unilaterally struck down Act 10 because it didn’t align with his politics,” she said in a statement. “One judge, appointed by the current governor, acting like a super-legislature is about to bankrupt local governments and school districts across Wisconsin.”

Kurt Bauer, president of Wisconsin Manufacturers & Commerce, the state’s largest business lobby and among the groups that had championed the legislation, called the ruling “wrong on its face and … inconsistent with the law” in a statement Monday that called Act 10 “a critical tool for policymakers and elected officials to balance budgets and find taxpayer savings.”

He said the business lobby’s members “hope this ruling will be appealed and that Act 10 will be reinstated as quickly as possible.”

This story has been updated with reactions to the ruling. 

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