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eastern district of wisconsin milwaukee county, employee

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Indeed, the “crux <strong>of</strong> the report,” according to Heer, was “the weakness <strong>of</strong> the fiscal note attached<br />

to the pension ordinance at the time it was presented to the County Board.” Heer described the<br />

fiscal note as “incredibly weak” and the “worst he has ever seen,” including “numerous errors<br />

and omissions… from ‘small math to big logic.’” Heer called it a “lousy fiscal note.” 59<br />

A March 2003 County analysis also noted that “it is the responsibility <strong>of</strong> the elected<br />

County Supervisor to formally object to the content <strong>of</strong> a fiscal note. This policy is predicated on<br />

the notion that those who are empowered to vote on a policy issue should ultimately determine<br />

whether they possess sufficient financial information to make an informed vote.” 60<br />

Dobbert has admitted that he drafted the fiscal note for the ordinance enacting the<br />

BackDROP himself. DeBruin testified that Dobbert should have included the cost information<br />

on the BackDROP contained in Mercer’s January 16, 2001 letter in the fiscal note for the<br />

Package “to alert the board <strong>of</strong> the new estimates.” Heer told the DOJ that, in his view, Dobbert<br />

probably did not revise the fiscal note for the Package to include the cost <strong>of</strong> the BackDROP<br />

because he didn’t want to call attention to the “shoddy” quality <strong>of</strong> the fiscal note he had<br />

59 PFF, 119-121. In Dunn et al. v. Milwaukee County, the Court’s October 1, 2003 Order granting the County<br />

summary judgment adopted as a finding <strong>of</strong> fact the conclusion <strong>of</strong> the Audit that “[t]here are no procedures for the<br />

development <strong>of</strong> fiscal notes” at the County. PFF, 122.<br />

60 PFF, 123.<br />

QBACTIVE\6280487.1 27<br />

Case 2:06-cv-00372-CNC Filed 06/09/2008 Page 27 <strong>of</strong> 52 Document 110

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