Absent or not voting - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Request for a leave of absence denied.
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Read and referred:
Senate Resolution 1, January 2011 Special Session
Relating to: compelling attendance of senators without leave.
By
Senator
S. Fitzgerald
.
To committee on Senate Organization.
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Considered as privileged and taken up.
Senate Resolution 1, January 2011 Special Session
Relating to: compelling attendance of senators without leave.
Read.
The question was: Shall Senate Resolution 1, January 2011 Special Session be adopted?
The ayes and noes were demanded and the vote was: ayes, 19; noes, 0; absent or not voting, 14; as follows:
Ayes - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Absent or not voting - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Adopted.
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Senator S. Fitzgerald moved a call of the Senate.
There were sufficient seconds.
The Sergeant was ordered to close the doors.
The roll was called and the following Senators were listed as absent:
Absent - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Taylor, Risser, Vinehout and Wirch - 14.
Senator S. Fitzgerald, with unanimous consent, asked that the Senate recess.
11:34 A.M.
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12:37 P.M.
The Senate reconvened.
President Ellis in the chair.
Senator S. Fitzgerald, with unanimous consent, asked the the Call of the Senate be lifted and that the Senate recess.
12:38 P.M.
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Wisconsin State Senate
CERTIFICATION OF EDWARD A. BLAZEL, SERGEANT-AT-ARMS
WISCONSIN STATE SENATE
1. I, Edward A. Blazel, serve as the Sergeant-at-Arms to the Wisconsin State Senate. I hereby certify the following statements are true and correct and made upon my personal knowledge.
2. On or about 12:00 p.m. on March 3, 2011, I delievered and/or caused to be delivered a full and accurate copy of January 2011 Special Session Senate Resolution 1 to the Senate offices of the following Wisconsin State Senators:
a. Tim Carpenter
b. Spencer Coggs
c. Tim Cullen
d. Jon Erpenbach
e. Dave Hansen
f. Jim Holperin
g. Robert Jauch
h. Chris Larson
i. Julie Lassa
j. Mark Miller
k. Fred Risser
l. Lena Taylor
m. Kathleen Vinehout
n. Robert Wirch
3. In addition to delivering January 2011 Special Session Senate Resolution 1 to each of the above-described offices, I confirmed that January 2011 Special Session Senate Resolution 1 has been published to the official website of the Wisconsin Senate as of 12:20 p.m., Thursday, March 3, 2011.
Dated this 3rd day of March, 2011
edward a. blazel
Sergeant-at-Arms
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4:05 P.M.
The Senate reconvened.
President Ellis in the chair.
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The roll was called, disclosing the presence of a quorum.
Present - Senators Cowles, Darling, Ellis, S. Fitzgerald, Galloway, Grothman, Harsdorf, Hopper, Kapanke, Kedzie, Lasee, Lazich, Leibham, Moulton, Olsen, Schultz, Vukmir, Wanggaard and Zipperer - 19.
Absent without Leave - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Senator S. Fitzgerald asked that the Journal note the Senators absent without leave:
Absent without Leave - Senators Carpenter, S. Coggs, T. Cullen, Erpenbach, Hansen, Holperin, Jauch, C. Larson, Lassa, Miller, Risser, Taylor, Vinehout and Wirch - 14.
Senator S. Fitzgerald signed orders to hold the Senators who were counted as absent without leave in contempt and to detain those Senators.
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Wisconsin State Senate
Order Holding Sen. Tim Carpenter in Contempt
Pursuant to January 2011 Special Session Senate Resolution 1, the undersigned Majority Leader of the Senate of the State of Wisconsin on this 3rd day of March, 2011, hereby makes the following findings and Order:
1. January 2011 Special Session Senate Resolution 1 required Sen. Carpenter to appear at the Senate Chambers on or before 4 p.m., Thursday, March 3, 2011, and to remain in the Senate Chambers until the Senate is duly called to Order and for such additional time as necessary to be counted as part of the quorum of that Senate session.
2. January 2011 Special Session Senate Resolution 1 advised Sen. Carpenter that failure to appear in the Senate Chambers on or before the time described therein would result in Sen. Carpenter being held guilty of contempt and disorderly behavior by the Senate.
3. Pursuant to the Certification of Edward A. Blazel, Wisconsin State Senate Sergeant-at-Arms, on or about 12:00 p.m. on March 3, 2011, the Sergeant-at-Arms of the Senate gave notice of January 2011 Special Session Senate Resolution 1 by making personal delivery of the same to Sen. Carpenter's personal office and via publication to the State Senate web site.
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4. As noted and found in January 2011 Special Session Resolution 1, which is incorporated herein by reference, Senator Carpenter has been found to have violated the rules of this state Senate, including but not limited to that Senator Carpenter has been consistently absent, without leave, from sessions of the State Senate, including on February 17, 18, 22, 23, 24, 25 and March 1, 2 and 3 and has violated and continues to violate a plain and positive duty of attendance at sessions of the State Senate.
5. Sen. Carpenter failed to appear at the prescribed time and place designated in January 2011 Special Session Resolution 1.
ACCORDINGLY, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Sen. Carpenter is guilty of contempt and disorderly behavior.
BY THE SENATE:
SCOTT FITZGERALD
Senate Majority Leader
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Wisconsin State Senate
