State of Wisconsin\Government Accountabiliw Board 212 East Washington Avonuc. Floor Post Of?ce Box 7984 Madison, WI 5370737984 Voice {603) 266?3005 Fax (603) 26743500 KEVIN J. KENNEDY E-muil: Director and General Counsel - JUDGE rHoMA's H. BARLAND Chair November 3, 2011 The Honorable Robin Vos State Representative Room 309 East State Capitol PO. Box 8953 Madison, WT. 53708 Dear Representative Vos: Your staff contacted our of?ce this morning whether your participation in the consideration and vote regarding Special Session Senate Bill 12, relating to factors determining the reasonableness of attorney fees, would violate the Ethics Code for State Public Of?cials. It is our understanding that the bill would limit attorney fees in certain cases to amounts lower than allowed under current law. We also understand that you have been involved in a lawsuit as the owner of a rental property, and that SB 12 may have governed the award of attorney fees in that case if it had been in. effect when that lawsuit was ?led. Based upon media reports, it is unclear whether passage of the bill might still affect or influence the outcome of the lawsuit. The Government Accountability Board, and the State Ethics Board before it, has analyzed similar matters to determine if the circumstances present a conflict of interest under the Code of Ethics for State Public Officials, speci?cally under Section 19.45 of the Wisconsin Statutes. I am including with this correspondence a formal opinion of the Board, 2009 GAB 02, which outlines the Board?s analysis of such matters. The opinion may also he found at the following link: gab.wi.gov/ node/ 41 In short, even if Special Session Senate Bill 12 applied to your lawsuit, or to future litigation in which you were involved, it is our opinion that the Ethics Code does not prohibit you from participating in the debates or votes pertaining to the bill. The language at the bottom of page 2 and top of page 3 of the attached opinion is particularly relevant. it states that Sections 1945(2) and of the Statutes do not apply when an of?cial action is a legislative decision thataffects a large class of people; the official?s presence in the class is not signi?cant when compared to the number of similarly situated people in the class; and the effect of the proposed legislation on the official is not signi?cantly different than on other members of the class. The attached opinion also cites other previoas opinions which have come to the same conclusion. As applied to your question, it appears that the proposed bill is certainly a legislative decision and that it would affect not only all landlords in the State, but all other individuals and businesses which may become party to a variety of different legal actions. In addition, your presence in the class is not signi?cant when compared to the number of similarly situated people who might be affected, and the effect on you is not sign'ficantly different than on other members of the class. The TTpnorable Robin Vos "November 3, 2011 Page 2 In other words, the bill is not one that affects, for instance, only ten property owners, with you or your business owning the largest property that would be affected. Thank you for contacting the Government Accountability Board. I hope that this infomation rcSponds to your question, but please feel ?ee to contact us if you have any other questions. GOVERNMENT ACCOUNTABILITY BOARD Kevin J. Kennedy Director and General Counsel