Fertel-Rust, Mary v. UWM Golda Meir Library et al

Filing 3

Supplement to (1 in 3:11-cv-00211-wmc) Complaint, filed by Mary M. Koegel Fertel-Rust, (1 in 3:11-cv-00431-wmc) Complaint,, filed by Mary M. Koegel Fertel-Rust, (1 in 3:11-cv-00432-wmc) Complaint filed by Mary M. Koegel Fertel-Rust, (1 in 3:11-cv-00317-wmc) Complaint, filed by Mary M. Koegel Fertel-Rust, (1 in 3:11-cv-00274-wmc) Complaint, filed by Mary M. Koegel Fertel-Rust, (1 in 3:11-cv-00430-wmc) Complaint, filed by Mary M. Koegel Fertel-Rust (jas),(ps)

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ukee County Board of Supervi sors

7203

_ _ _ _ _ _ _ Committee Hearing Registration
DATE

Name

_

Address

Organ. Represented

_

Subject or File No.
(Please check one)
Registering
For
_
Appearing
For
_
For Information Only
_
Wish to Speak on the Matter
REMARKS:

Against
Against

_
_

_

(o_v_er)

Milwaukee County

County Courthouse
901 N. 9th Street, Rm. 201
Milwaukee, WI 53233

Meeting Agenda
Health and Human Needs Committee
Chairperson: Chairperson: Peggy Romo West

Clerk: Jodi Mapp. 278-4073

Research Analyst: Jennifer Collins. 278-5290

Wednesday, June 15, 2011

9:00AM

Call To Order
BEHAVIORAL HEALTH DIVISION - 6
1

From the Interim Director, Department of Health and Human Services,
requesting authorization to enter into a 2011 lease and options to
extend for space for the Behavioral Health Division's Community
Support Program (CSP).
Attachments:

REPORT
RESOLUTION

FISCAL NOTE

2

From the Interim Director, Department of Health and Human Services,
requesting authorization to increase the 2011 Professional Services
Contract with the University of Wisconsin - Milwaukee for the Behavioral
Health Division.
Attachments:

REPORT
RESOLUTION
FISCAL NOTE

3

From the Interim Director, Department of Health and Human Services,
requesting authorization to increase the 2011 Purchase of Service
Contracts with S1. Charles Youth and Family Services and the Bridge
Health Clinics and Research Centers for the Behavioral Health Division.
Attachments:

REPORT
RESOLUTION

FISCAL NOTE

Milwaukee County

Page 1

Printed on 6/7/2011

Meeting Agenda

Health and Human Needs
Committee

4

INF 11-254

June 15, 2011

2011 Budget Amendment 1A011: From the Interim Director,
Department of Health and Human Services, submitting an informational
report for the Divisions of Behavioral Health and Disabilities Services
regarding the Hilltop Program downsizing initiative. (INFORMATIONAL
ONLY UNLESS OTHERWISE DIRECTED BY THE COMMITTEE)
Attachments:

REPORT
ATIACHMENT

5

INF 11-255

From the Interim Director, Department of Health and Human Services,
submitting an informational report regarding the impact of the
elimination of funding by Milwaukee Public Schools for Mobile Urgent
Treatment Team (MUTT) Services. (INFORMAl"IONAl ONLY UNLESS
OTHERWISE DIRECTED BY THE COMMITTEE)

Attachments:

6

INF 11-262

REPORT

From the Interim Director, Department of Health and Human Services,
submitting an informational report regarding the 2011 Behavioral Health
Division budget initiative to obtain Joint Commission Accreditation by
2012. (INFORMATIONAL ONLY UNLESS OTHERWISE DIRECTED
BY THE COMMITTEE)
Attachments:

REPORT
ATIACHMENT

Adjournment
Deadline for the next meeting:
The next regular meeting for this Committee is Wednesday, July 20, 2011. All items
must be in the Committee Clerk's possession by the end of the business day on
Wednesday, July 6, 2011.

ADA Requests
ADA accommodation requests should be filed with the Milwaukee County Office for
Persons with Disabilities, 278-3932 (voice) or 278-3937 (TTY), upon reciept of this
notice.

Milwaukee County

Page 2

Printed on 61712011

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Health and Human Needs Com*"e" ~ ~ ( ~
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Research Analyst: Jennifer Collins, 278-5290

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,

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REPORT
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From the Interim Director, Department of Health and Human Services,
requesting authorization to increase the 2011 Professional Services
Contract with the University of Wisconsin - Milwaukee for the Behavioral
Health Division.
Attachments:

t~ cd:;. ~ c~ ~

REPORT
RESOLUTION
FISCAL NOTE

3

From the Interim Director, Department of Health and Human Services,

requesting authorization to increase the 2011 Purchase of Service

Contracts with St. Charles Youth and Family Services and the Bridge

Health Clinics and Research Centers for the Behavioral Health Division.

Attachments:

REPORT
RESOLUTION
FISCAL NOTE

Milwaukee County

,

~ f ..5

IJ'..(S~ ~/
c:~
From the Interim Director, Department of bf'ealth and Human Services,

requesting authorization to enter into a 2{)11 lease and options to

extend for space for the Behavioral Health Division's Community

~.
I~'~ cf f..4. (~
Support Program (CSP).
Attachments:

-Av

Cu

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fvtt{~­

9:00 AM

Call To Order

1

Milwaukee, WI 53233

MeN- HC-­
Meeting Agendai ~{S~
.J,.)./(. AlA.. Yo
-

Page 1

Printed on 61712011

Health and Human Needs
Committee

4

INF 11-254

Meeting Agenda

June 15, 2011

2011 Budget Amendment 1A011: From the Interim Director,
Department of Health and Human Services, submitting an informational
report for the Divisions of Behavioral Health and Disabilities Services
regarding the Hilltop Program downsizing initiative. (INFORMATIONAL
ONLY UNLESS OTHERWISE DIRECTED BY THE COMMITTEE)
Attachments:

REPORT
ATIACHMENT

5

INF 11-255

From the Interim Director, Department of Health and Human Services,
submitting an informational report regarding the impact of the
elimination of funding by Milwaukee Public Schools for Mobile Urgent
Treatment Team (MUTT) Services. (INFORMATIONAL ONLY UNLESS
OTHERWISE DIRECTED BY THE COMMITTEE)

Attachments:

INF 11-262

REPORT

From the Interim Director, Department of Health and Human Services,
submitting an informational report regarding the 2011 Behavioral Health
Division budget initiative to obtain Joint Commission Accreditation by
2012. (INFORMATIONAL ONLY UNLESS OTHERWISE DIRECTED
BY THE COMMITTEE)
Attachments:

REPORT
ATIACHMENT

Adjournment
Deadline for the next meeting:
The next regular meeting for this Committee is Wednesday, July 20, 2011. All items
must be in the Committee Clerk's possession by the end of the business day on
Wednesday, July 6, 2011.

ADA Requests
ADA accommodation requests should be filed with the Milwaukee County Office for
Persons with Disabilities, 278-3932 (voice) or 278-3937 (TTY), upon reciept of this
notice.

Milwaukee County

Page 2

Printed on 6/7/2011

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Librarians Recount Battle with PATRIOT Act
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In August of2005, librarians George Christian and Peter Chase were forced to do what librarians the world
over have demanded of others for years: keep quiet. Although librarians are typically amenable to silence,
the circumstances ofthis order were less than agreeable. They were contacted by the FBI to hand over
patron information and were not permitted to talk to anyone about the request.

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Christian and Chase recounted this experience in a March 20 John Swain Intellectual Freedom Lecture at
the Bailey/Howe Library, "Gagged by the Government: Two Librarians Tell How They Resisted the USA
PATRIOT Act."
The two librarians, along with colleagues Barbara Bailey and Jan Nocek at Library Connection, a non-profit,
Connecticut library cooperative, were served a National Security Letter (NSL) from the FBI. NSLs, which
are accompanied by a perpetual gag order, are a provision that have seen a decrease in restriction and an
increase in use since the passing of the PATRIOT Act. Today, the FBI may issue them without a court order
to acquire information from anyone directly or indirectly associated with criminal activity.
In the case of the Connecticut library, the FBI was interested in a 45-minute internet session from a library
IP address. Because that activity had happened five months before the library's receipt of the National
Security Letter, indicating a low level of importance, Christian, Chase and their colleagues were not
comfortable divulging patron information.
"Libraries are the foundation of democracy," according to Christian, who emphasizes the importance of
patrons feeling comfortable researching any topic of interest - from cancer to domestic abuse to sexuality
- without fear of being watched. Because of that, he believed it was imperative to fight the FBI's request
for the patron information. "We just couldn't sell out our customers in the dark of night," Chase says.
So the librarians, represented by the American Civil Liberties Union, took the case to court, but remained
under the gag order unable even to reveal their identities to their families as the"John Does" of the

high-profile court case. "You wanted to tell," explains Chase, "but you realized if you did, you were

endangering the people you most love." Discussing the FBI request carries with it the penalty of as much as
five years of prison.
While the court ruled in the librarians' favor that the gag order was unnecessary, the government continued

to appeal the case, preventing the librarians from speaking to Congress during the PATRIOT Act's

reauthorization debate - a time when they needed to speak the most. The gag order was dropped after the

PATRIOT Act had been reauthorized, and, in June of2006, the ACLU declared victory when the case was

abandoned altogether.

Today, the PATRIOT Act is under review again, and Christian and Chase emphasize that Vermonters can

playa key role in speaking out against it and the FBI's abuse of authority by contacting Senator Leahy,

chairman of the judiciary committee.

I of 1

6/15/2011 3:02 PM

Librarians Oppose PATRIOT Act - News - Vermont Cynic - University ...

http://www.vermontcynic.coml2.11606/1ibrarians-oppose-patriot-act-1 ...

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Librarians Oppose PATRIOT Act
ByC.WSoule
Published: Tuesday, February 14, 2006
Updated: Saturday, March 14, 2009 18:03

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The United States PATRIOT Act has become a hub of debate in both the local and national ne\NS asp-1 \f)
it awaits contestation in a secret U.S. court that is responsible for providing confidential search
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warrants to the Justice department.
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The PATRIOT Acl- or United Strengthening of America by Providing Appropriate Tools Required 10
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Intercept and Obstruct Terrorism - is a piece of legislation that was drafted by the Justice
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department and introduced to the House of Representatives on October twenty-third 2001, was
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passed in the house the following day, then through the senate the next day, and was signed into law fJP
the day after that.

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In national ne\NS: the Patriot Act has become a source of argumentation due to claims brought forth
by an anonymous plaintiff from Connecticut who alleges that a provision of the PATRIOT Act has
violated their constitutional rights. The plaintiff filed suit against the federal government on August
ninth, claiming that the "gag order" provision of the Act violated their first amendment right to
freedom of speech.
The gag order requires complete confidentiality of the government's actions when seeking the
records of citizens in the United States. Citizens who are demanded by the government to provide
records of suspected individuals are unable to speak about the government's actions. The plaintiff
brought the suit to a district court and won the case, but no verdict was passed by the judge because
the U.S. government would have inevitable appealed the case, which they did.
Numerous librarians around the nation have joined into the fray and are outr~ged at certain sections
of the Act that require institutions in the United States to allow the government to obtain any records
of affiliates with that institution. UVM's own librarians have become vocal on this issue and are
seeking to eradicate the PATRIOT Act.
Trina Magi, an Assistant Professor of the Bailey Howe Library, cites section 215 of the Act as
invading the privacy of the UVM students who use the library. Under the said section, the FBI can
"require the production of any tangible things," meaning that librarians are required to provide the
FBI with any records of student activities in Bailey Howe.

J of2

6/15/20112:45 PM

Librarians Oppose PATRIOT Act - News - Vermont Cynic - University ...

http://www.vermontcynic.com/2.11606/1ibrarians-oppose-patriot-act-l ...

f..r-

Magi also cited section 216 of the act as being a violation of privacy rights, for that section allo\iVS
the FBI to track phone calls and internet activity.
Magi spoke of section 505 of the Act as being particularly invasive, for it allo\iVS the FBI to obtain any
search warrants that are needed to get student records and it can do this without the authorization
of a U.S. court.
Magi and other librarians have argued that the Act is in violation of the Library Association Code of
Ethics, vvhich requires librarians to keep all information about library patrons confidential. For this
reason the librarians sent a letter to Bernie Sander's, vvho agreed with the plight of the librarians and
attempted to pass the "Freedom to Read Protection Act" last March.
In the state of Vermont, citizens are protected by statutes that claim all library records to be exempt
from inspection. Librarians at Bailey HO\Ne have begun to purge their records so that if the
government demands them to forfeit information about students, the library will not have any records
available to give.
The PATRIOT Act is still in effect even though a district court has ruled it to be unconstitutional. The
Justice Department stated last Friday that for the Act to be struck dovvn it must be appealed before
a secrete U.S. court that was created in 1978. The court is responsible for issuing confidential
search warrants in matters of national security. It has also been stated by the Justice Department
that only federal attorneys and agents are allo\Ned to enter the court, so any chance of an appeal is
unlikely

20f2

6/15/2011 2:45 PM

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MILWAUKEE

PUBLIC LIBRARY

Central Library
June 10, 2011
Ms. Mary Fertel Rust
PO Box 1123
Milwaukee, WI 53201
Dear Ms. Fertel Rust:
The Milwaukee Public Library strives to offer its customers an atmosphere which is
conducive to reading, learning and gathering information. In a letter dated May 11, 2011,
you were informed that you are banned from all Milwaukee Public Libraries until August
10,2011.
At your request, a ban appeal meeting was scheduled with you and library staff on June 6,
2011. On June 5, you called the library and left a voice message that you would not
attend the June 6 meeting. Subsequently you called on June 8 to request that another ban
appeal meeting be scheduled. After review of the procedure MPL - Library Patron Ban
Appeal Process For Bans ofLess Than Six Months, Deputy Director Joan Johnson denied
your appeal request because the request had to be made within fifteen days of the date of
the banning letter issued to you which was May 11, 2011. This is library policy and the
Director, Paula Kiely supports this decision.
You will be welcome to use any Milwaukee Public Library after August 10, 2011, and
you will be expected to follow the Code of Conduct Policy. Additional violations may
result in progressively longer bans. Any entry onto Milwaukee Public Library property
before then will be considered trespassing, and the police will be called.
If you have questions regarding this matter, please call the Library Security Manager at
286-8719.
Sincerely,

~o~
Deputy Director

C:

Michael Weber, Library Security Manager

Christine Arkenberg, Public Services Area Manager

814 W. Wisconsin Ave. • Milwaukee, WI 53233 • 414-286-3000

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MILWAUKEE PUBLIC LIBRARY
814 W. Wisconsin Avenue
Milwaukel:, WI 53233-2385

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PO Box 1123
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CS-197,11/09

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901 North. 9

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Street, Milwaukee, WI 53233 Phone: [phone]

THE SELF-HELP DESKS (Rm. G9)
The Self-Help Desks assist self represented litigants in filling out forms, and provide step
by step instructions for filing in family law, small claims and foreclosure cases. Service is
provided on a first come first served basis. The volunteers that staff Self-Help Desks do
not provide legal advice. Arrive at least 30 minutes before closing time for best chance to
be helped. The Self-Help Desks close promptly at times listed.

Family Law Issues:

Monday
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Small Claims Issues:

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-

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p.m.
p.m.
p.m.
a.m.
p.m.

APPOINTMENTS (Rm. G9)
Scheduled in 30 minute increments, clients meet with volunteers for assistance in
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BRIEF LEGAL ADVICE & REFERRAL CLINIC (Rm. 106)
The Marquette Volunteer Legal Clinic at the Milwaukee Justice Center is a free, walk-in
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claims and large claims. The attorneys do not take cases and clients can only be seen once
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LAWYER REFERRAL AND INFORMATION SERVICE lS

www.findmilwaukeelawyers.org

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1
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After your situation has been reviewed,
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Except holidays; please call the clinic numben listed above to verify clinic dates. Note that clhllcs close
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Por favor traiga todos los documentos relacionados con su pregunta.

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legal conflict. Lawyers take different approaches,
and many attempt to go through the negotiatiofl
or litigation process in a cooperative manner.

Pro se means "for oneself:' This is sometimes
called the "kitchen table" approach, since you
represent yourself throughout the divorce legal
process. A pro se party must communicate and
negotiate directly with the other party, or his or
her lawyer, and draft and file all necessary court
documents. If complete agreement is reached,
you must prepare all of the legal documents and
appear in court for your final hearing. If you and
your spouse cannot resolve issues, the litigation
process above applies. This means you must
present evidence and make legal arguments to
the court, and the judge decides each issue.

Some pro se parties want legal advice but
ma~ want to hire a lawyer for only part of a case,

not for the whole case. You can consult with
a lawyer to learn about the law and legal pro­
cedure. You can also contract for limited legal
services such as drafting certain legal documents,
or reviewing possible agreements. You and the
lawyer should clearly discuss and agree on the
specific tasks and limited scope of representation.

Divorce is a decision that affects you and your
family for a lifetime. A lawyer can help you in
many ways, including the following:

• Arrest
• Bankruptcy
Buying/Selling
Residential Real Estate
• Choosing a
Process for Divorce
• Custody and Placement
• Durable Powers of
Attorney
• Divorce
• Guardians Ad Litem in
Family Court

• Health Care
• Hiring/Working with a
Lawyer
• Landlord/Tenant Law
• Marital Property
• Personal Injury
• Probate
• Revocable Living Trusts
• Small Claims Coun
• Starting a Business
• Traffic Accidents
• Wills/Estate Planning

• Discuss options, the law, and legal con­
sequences of decisions and process choices. The

lawyer's legal and financial knowledge can help
you understand your legal options and the long­
term effects of possible agreements.

The advantage to proceeding pro se is
reduced cost since no professionals are involved.
But proceeding pro se may be a disadvantage
when legal advice is needed to ensure good deci­
sions for you and your family. When the issues
involve children, pensions, real estate, businesses,
significant differences in income, imbalance of
power or knowledge, or mental health concerns,
you should seek legal advice.
Safety concerns and additional legal and
family issues arise in cases involving domestic
violence. Victims of domestic violence should

support), child support (monthly payments and
allocation of child expenses), and property divi­
sion (debts and assets) so you understand the
legal and tax effects of your decisions now and in
the future.

always seek legal advice to discuss safety con­
cerns and to understand their legal options.

• Draft and file all necessary documents
and agreements. A lawyer's experience with the

Pro se forms, procedural information, and
other self-help services are available online at
www.wicourts.gov and in some county court­
houses. There are books, Internet resources, and
services that provide information for a fee. Even
with the resources available to assist with pro se
divorce, the process can be difficult and the issues
complicated. None of the pro se resources can
provide legal advice.

court system can help you avoid delays, missed
deadlines, and incorrect or improperly filed
paperwork.
Once a court approves an agreement, it is dif­
ficult to change. So it is important to at least talk
to a lawyer before you choose a divorce process.
That conversation can help you to avoid costly
mistakes or a return to court with future disputes.
Only a lawyer can review the facts ofyour

• Explain the legal effects of custody and
placement alternatives and provide referrals for

experts to help you address your children's needs
during separation and divorce.

~

• Ensure informed financial decision­
making about maintenance (monthly spousal

situation and give you legal advice.

5

This is one in a series of consumer i
published by the State Bar of Wisconsin.
Bulk copies and display racks also are available, for a
charge, by contacting the State Bar of Wisconsin.

6

This pamphlet, which is based on Wisconsin law, is issued
to inform and not to advise. No person should ever apply or
interpret any law without the aid of a trained expert who
knows the facts, because the facts may change the applica­
tion of the law. 9/10

•

STATE BAR
OFWISCONSIN

[phone] Nationwide
[phone] from Madison

P.O. Box 7158, Madison, WI 53707-7158
Email [e-mail]
On the Web at www.legalexplorer.com
© State Bar of Wisconsin

7

l,

Divorce is the legal process to end a marriage, and
it affects all aspects of a couple's life and family.
Although most divorces end with agreements
instead of court trials, months of emotional upset
and conflict can still occur. Divorce conflict can be
expensive - financially and emotionally. But there
are several ways to approach divorce issues and
reach reasonable resolutions.
A final judgment of divorce decides the is­
sues of property division, maintenance (financial
support for a spouse), custody and placement of
children, child support, and other important is­
sues. Wisconsin's divorce law is set out in chapter
767 of the Wisconsin Statutes, available at www.
legis.state.wi.us/rsb/stats.html.

You and your spouse can use different processes
to resolve your divorce issues. Options include:

• Mediation
• Collaboration
• Lawyer Negotiation/Litigation
• Pro Se (self-representation)
Each process is described in more detail in
the sections that follow. You'll notice the pro­
cesses differ in the amount oflawyer and court
involvement, time, cost, and conflict.
In deciding which option to choose, consider
which process is best for you and your whole fam­
ily. Consider any safety concerns, level of conflict,
complexity of the issues, and the ability of you and
your spouse to make difficult decisions together
when choosing the process best suited to your
situation. It is better for your family if the two of
you can reach an informed legal agreement rather
than having a court decide for you. All divorce
issues are decided one of two ways: 1) stipulation,
in which the parties reach an agreement; or 2)
litigation, in which a judge makes a decision.

No matter which process you choose, the
court requires that parties follow specific proce­
dures and file certain legal documents, such as
the Petition, Confidential Petition Addendum, Fi­
nancial Disclosure Statement, Marital Settlement
Agreement, and Findings of Fact, Conclusions of
Law, and Judgment of Divorce. Some counties
have local rules requiring additional forms.

Mediation is a voluntary, cooperative process in
which you and your spouse meet with a neutral
third party, called a mediator, to try and reach
agreements. The mediator can be, but does not
have to be, a lawyer. This settlement process can
save some of the financial and emotional cost of
contested or lengthy divorce proceedings. The
mediator helps the two of you define and resolve
your issues to reach agreements. You exchange
information, identify issues, negotiate with one
another, and prepare your documents directly
with the help of the mediator.
The mediator provides information about
the law and the legal process and guides a
discussion to help you consider options and reach
agreements. You may choose to involve financial
or emotional experts in the process to assist in
making informed decisions. The mediator does
not represent either spouse, provide legal advice,
or make decisions for you.
You and your spouse may choose to work
with a mediator with or without lawyers. State
law requires mediation for any parents who have
a custody or placement dispute regarding their
children. Courts also may order parties to partici­
pate in additional mediation for other child-relat­
ed or financial issues.

In collaborative divorce, you and your spouse
each hire your own lawyer and the two of you
and your lawyers commit to work together to
2

reach an out-of-court settlement of all issues.
The shared goal is to create an agreement that'
meets the needs of all family members and avoids
the financial and emotional costs of traditional
litigation.
You first sign a court contract that requires
cooperation in disclosing financial and other rel­
evant information. Both of you and your lawyers
promise to proceed respectfully and in good faith
and not to threaten or use the court to decide
issues. Negotiations occur in four-way settlement
meetings after a structured process for gathering
information and communicating is established.
If either of you chooses to have a judge decide
your issues, the collaborative process ends, both
collaborative lawyers are disqualified, and each of
you must hire a different lawyer or proceed with­
out legal representation to complete your divorce.
In collaborative divorce, each lawyer's role is
limited to representing their client in settlement
negotiations, not in court disputes. Because this is
an out-of-court settlement approach, each lawyer
provides legal education and advice to help you
and your spouse create your own settlement.
You may include other professionals on your
collaborative team, such as financial advisors and
mental health professionals serving as divorce
coaches and child specialists. The goal of all
professionals is to educate and support each of
you in exploring settlement options and reach­
ing agreements that meet the needs of all family
members.
Mediation and collaboration have simi­
larities and differences. Both processes help
you identify options that meet each of your needs
and goals as well as the interests of your children.
Both emphasize education, listening, creative
problem-solving, and improving communication
to help each of you participate effectively. Both
allow you to retain privacy and control through­
out the divorce proceedings. The key difference
between mediation and collaboration is that
in the collaborative process you each hire your
own lawyer to provide legal advice and advocacy
3

throughout the negotiations.
• Learn'more about the collaborative process
at www.collabdivorce.com and
www.collaborativepractice.com.

Litigation is the traditional legal process. You
hire a lawyer to provide legal advice and advocate
positions in negotiations and court hearings. You
and your spouse generally communicate through
your lawyers regarding your positions, proposals,
and counter-proposals.
In the traditional court system, you and your
spouse are seen as adversaries and rules of evi­
dence and formal procedures must be followed.
You may turn to the court to make decisions if
resolution is not reached on all issues. The lawyer
negotiation/litigation process may use formal
legal procedures, called "discovery;' to obtain
financial and other relevant information. Discov­
ery may include the use of depositions (formal
testimony before a court reporter), interrogato­
ries (answering lists of questions in writing under
oath), and subpoenaing information. Each of you
may hire experts to support your positions.
In cases with child custody or placement
issues, both parents must attend at least one ses­
sion of mediation and if no agreement is reached,
the court will appoint a guardian ad litem for
your children - a lawyer who advocates for the
children's interests in your legal disputes.
If agreements are not reached, you and
your spouse and other witnesses testify before a
judge, who then decides each issue. If you or your
spouse disagree with the final court decision,
you can appeal the judgment to a higher court. If
either of you is unhappy with the court outcome,
you are likely to return to court in the future to
argue for changes of placement or support orders.
Agreements are reached in more than 95%
of all cases, but settlement often occurs after a lot
of time, money, and emotion have been spent in

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TARGET: Marshall & IIsley Corp,
BUYER: Bank of Montreal
SELLER: Marshall & IIsley Corp.

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LAST UPDATE: June 3. 2011
ANNOUNCE DATE: December 17, 2010

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Deal Type:

Acquisition

Transaction Type:

Acquisition of Public Company

Purpose:

Horizontal

Source of Funds:

Vendor Placing

Deal Description:

Bank of Montreal (BMO) agreed to acquire Marshall & IIs­
ley Corp (M&I) for US$4 billion in stock. Under the terms
of agreement, BMO will issue 0.1257 shares for each
share of M&1. In addition, BMO will purchase M&I's TARP
preferred share and existing warrants held by the US
Treasury. The acquisition is expected to be earnings ac­
cretive to Bank of Montreal in 2013. Following the acquisi­
tion, M&I will be merged with BMO's subsidiary, and exist­
ing M&I shareholders will receive common shares of BMO.
M&I's Chairman, President and CEO Mark Furlong will be­
come CEO of the combined US personal and commercial
"­
banking business. The Board of BMO and M&I have approved the acquisition. The transaction, which is subject to \
I
shareholders and regulatory approvals, is expected to be
completed on July 31,2011. Based in Wisconsin and
i
founded in 1947, Marshall & IIsley Corp provides commer- I
cial banking services. On May 17, 2011, Marshal & IISley ) '
Corp announced that its shareholders approved the pro­
posed acquisition by Bank of Montreal.

Transaction Notes:

BE US$61.66 closed, December 16, 2010 * exchange
ratio 0.1257/1 • 527,980,483 MI shares o/s.

Equity Consideration:

$66,367,147

Premium Offered:
Percent Sought:

.314
100.000%

Share Price:

$7.750600

Original Offer Price:

$4,092,198,000

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• • • • • • • • • • • • • • TRANSACTION SUMMARY • • • • • • • • • • • • • •

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Copyright 2011 FactSet Mergerstat. LLC
Mergerstat M & A Database

DEAL NO.; 569558

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Page 1

22 of 50 DOCUMENTS

Wisconsin State Journal (Madison, Wisconsin)
May 18, 2011 Wednesday
ALL EDITION
BMO OFFER TO BUY M&I APPROVED;
PROTESTERS GATHER AT THE SHAREHOLDERS MEETING AND CRITICIZE BONUSES, POLITICAL
CONTRIBUTIONS.
BYLINE: By JUDY NEWMAN [e-mail] 608-262-6156
SECTION: BUSINESS; Pg. B8
LENGTH: 315 words

Shareholders of Marshall & IIsley Corp. voted Tuesday to approve plans for Canadian bank company
BMO to buy the Milwaukee bank for $4.1 billion.
The meeting was held in New York, but that didn't keep protesters away. Paul Pimentel of Sheet Metal
Workers International Association in New York said about 1,000 people staged a protest outside the Marriott
Hotel where the meeting took place, including New York firefighters, teachers and other public employees as
well as some Wisconsin residents.
"They're not trying to boycott M&I but trying to bring accountability to M&I," Pimentel said. He said M&I
stock fell from $38 a share (in 2007) to around $8 a share now. He criticized campaign contributions some
M&I officials made to Wisconsin Gov. Scott Walker and blasted bonuses bank executives will get.
Under terms of the BMO deal, 17 M&I executives stand to receive a total of $65 million in severance if
they leave or their jobs end as a result of the merger, according to the proxy statement.
Chief executive Mark Furlong is in line to get about $18 million of that when the transaction is completed.
Paul Collins, a trustee for the Sheet Metal Workers' national pension fund, which holds M&I stock, said
the shareholders meeting, attended by about 20 people, lasted seven minutes and M&I officials would not let
stockholders comment.
"I started speaking (and said) with the amount of money you guys make, you should at least listen to
shareholders," Collins said in a phone interview. "I said, ?Wait, I want to say something.' And they said,
?Sorry, you're out of order.''' The U.S. Treasury Department sent a proxy approving the merger agreement.
M&I took $1.7 billion from the department's Troubled Asset Relief Program in 2009 in exchange for senior
preferred stock given to the government agency.
Subject to regulatory approvals, the transaction is expected to be complete early this summer.
LOAD·DATE: May 19, 2011
LANGUAGE: ENGLISH
GRAPHIC: Racine Journal Times archives Shareholders approved a plan Tuesday for a Canadian bank to
buy M&I Bank for $4.1 billion.

BMO OFFER TO BUY M&I APPROVED' PROTEST
Page 2
AND CRITICIZE BONUSES, POLITICAL CONTRIBU~~~~A0~ER A! THE SHAREHOLDERS MEETING
May 18, 2011 wedn'es~~~onsln State Journal (Madison, Wisconsin)
PUBLICATION·TYPE: Newspaper

Copyright 2011 ~adison Newspapers, Inc.

All Rights Reserved

Page 2
BMO OFFER TO BUY M&I APPROVED; PROTESTERS GATHER AT THE SHAREHOLDERS MEETING

AND CRITICIZE BONUSES, POLITICAL CONTRIBUTIONS. Wisconsin State Journal (Madison, Wisconsin)

May 18, 2011 Wednesday

PUBLICATION·TYPE: Newspaper

Copyright 2011 Madison Newspapers, Inc.

All Rights Reserved