Tobacco Documents Online

August 6, 1991 REGION IV STATE AND LOCAL LOBBYIST EVALUATION State of Wisconsin James Wimmer What is the lobbyist overall track record over his tenure with the institute? Historically, Mr. Jim Wimmer has served the Tobacco Institute extremely well. This past year, however, Mr. Wimmer has developed a noticeable shift in attitude that borders on irresponsible and extremely arrogant. Much of this makes no sense because we are a very lucrative client for Mr. Wimmer. One possible explanation for Mr. Wimmer's behavior has to do with his close personal friendship with Michael Brozek, a former TI employee, and the strange PM personnel politics that have taken place during this past year. Mr. Brozek was employed as a contract lobbyist by PM subsequent to his termination with TI for approximately two years. When Mr. Brozek was terminated from PM in June of this year, Mr. Wimmer stated the tobacco industry had fired one of it's best people and that there may be repercussions. Mr. Wimmer was never specific as to what those repercussions might be. Mr. Wimmer did state that both the Governor and DOA Secretary, James Klauser, were extremely upset with PM for terminating Mr. Brozek. It was independently verified that the Governor is not upset with Mr. Brozek's termination and has in fact distanced himself from Mr. Brozek. Mr. Klauser is another matter. His friendship with Mr. Wimmer is extremely close and dates back 30 years or more. Since Mr. Wimmer and Mr. Brozek are inseparable, Mr. Wimmer has provided the entre for Mr. Brozek to also now become very close to Mr. Klauser. Mr. Klauser may, in fact, be upset Mr. Brozek was terminated. Mr. Wimmer had no credibility with other tobacco industry lobbyists because he routinely failed to follow up on his assignments. His only assignment during the budget was to "deliver" Sen. Gary George. Mr. Wimmer repeatedly told me that he was with Ga~j once a day and would surely know if a tax was coming. Other than telling me "1 told you months ago we'd get a cigarette tax", he'd make repeated comments blaming the PM decision to fire Mr. Brozek as to the reason for the tax. He also said the tax was a result of the Governor's anger over the remaining representation of PM lobbyists. Ironically, despite his close personal friendship with Sen. George, it was Sen. George that made the motion to increase the tax 10 cents. Mr. Wimmer has also been the source of very vicious personal stories about the two other PM lobbyists which i know to be untrue. His personal opinions about Brozek's termination have been odd. Wimmer has displayed some of the most T!28841730

unprofessional behavior I have ever witnessed in my 15 years in the business. By the end of the budget, a high level of disgust surfaced from other lobbyists who felt they were carrying Mr. Wimmer's work load while he sat back collecting a fat retainer doing absolutely nothing. He often times missed tobacco industry meetings which never lasted more than 45 minutes to an hour. He repeatedly failed to return phone calls in a timely manner and often times wasn't able to provide the details I needed. Other issues facing the tobacco industry during this floor period were handled by other tobacco industry lobbyists including TI lobbyist, Paul Sicula. Mr. Wimmer made himself unavailable for meetings due to more pressing needs of other clients and had a general lack of follow through and uninformed opinions about issues he clearly should have been on top of. At this writing, we await a veto by the Governor on the 10 cent cigarette tax. At this point in time this is Mr. Wimmer's only assignment. His close personal friendship of many years with the second Governor, Secretary of Administration, James Klauser, and Governor Tommy Thompson should be able to deliver us the veto. Without the veto, Mr. Wimmer's contribution to the overall lobbying effort since January is virtually zip. What party presently controls the House/Senate/Executive? With what party is the lobbyist or his firm most closely identified? Has the affiliation presented problems for the industry? The Democrats control both Houses of the Legislature and picked up the Attorney General's seat in the 1990 election. Governor Tommy Thompson, a Republican, is a second termer. Even though James Wimmer served as State Democratic Party Chairman during the sixties, Wimmer enjoys an extra ordinary relationship with Republican Governor Tommy Thompson. Both Wimmer and Thompson enjoy a twenty year friendship which has been extremely beneficial to our interests. Does the lobbyist have the respect of and access to legislative and executive leadership? Has the lobbyist kept up with leadership changes in the legislature? Mr. Wimmer has total access to the Governor, and leadership in both houses. There are however, other lobbyists who have just as much access to the Governor and leadership in both houses. The only one Mr. Wimmer may have more access to than other lobbyists is DOA Secretary James Klauser. Mr. Wimmer, historically, has always nurtured freshmen legislators and fully understands the value of developing good relationships with incoming members. TI28841731

o o o Does the lobbyist have good federal contacts? Has he responded to your requests to use those contacts? Mr. Wimmer never hesitates to interact with members of Wisconsin's Congressional Delegation on our industries behalf. How many clients does the lobbyist represent? is this too many for the lobbyist to concentrate adequately on tobacco issues? Do any of the lobbyist's or his firm's clients pose a possible conflict of interest? Has this caused an actual problem? Mr. Wimmer represents 16 clients, none of which present any conflict of interest. Given the difficult issues the tobacco industry faces along with the heavy load required by some of Mr. Wimmer's other clients, it is questionable whether he himself can continue to do an adequate job. Mr. Wimmer doesn't have any support staff other than two secretaries to assist him. During the budget deliberations, Mr. Wimmer was often times uninformed about the latest developments. During the countless hours I spent at the Capitol, I observed that at times when Mr. Wimmer should have been present, no one had any idea of his whereabouts. On more than one occasion, Mr. Wimmer tried to bluff his way through a report to me. Unaware that I had been at the Capitol when he had not, there were some embarrassing moments when it was very clear he was not doing his job. Once Mr. Brozek's responsibilities with PM were terminated, perhaps Mr. Wimmer stopped really caring about TI as a client. Does the lobbyist understand the scope of his responsibilities to the Institute and the issues of concern? Yes. Does the lobbyist respond to your requests in a timely fashion? Mr. Wimmer had a very difficult time this session being available for meetings, reporting in a timely fashion, providing accurate information and returning phone calls. When he was called on the carpet several times during session, he temporarily improved. Does the lobbyist report legislative activities promptly to your office? is it sometimes necessary to call the lobbyist to obtain information that should have been conveyed to your in the normal course of business? Usually, I was in the position of telling Mr. Wimmer things which he clearly should have been shadng with me. I relied on other lobbyists and sources for my information. During the last week of the budget, in addition to Mr. Sicula, it became critical to put on another lobbyist because Mr. Wimmer's performance had T!28841732

o 10. 11. 12. become so unreliable. When he wants, Mr. Wimmer can still be a very effective lobbyist. Does the lobbyist comply with all state registration and reporting laws? Yes. Is the existing retainer competitive in that state? What is your recommendation for the 1991 retainer? I recommend we wait until after the Fall Session to assess what kind of lobbying team ought to be put together here. Because Mr. Wimmer's performance has been so poor and because other tobacco lobbyists no longer wish to work with Mr. Wimmer and because I don't foresee Mr. Wimmer's behavior changing, we will want to seriously look at a team of new players. Is an additional lobbyist(s) needed? Mr. Sicula should definitely be continued. However, even though we are delaying the final decision on Mr. Wimmer's contract for 92, I would strongly recommend adding Mr. Steve Bablitch, who we put on during the last week of session. Mr. Bablitch is a former Cabinet Secretary in the Thompson Administration and therefore has excellent ties with the Administration. He also has strong Democratic roots and enjoys excellent access to leadership in both houses. Mr. Bablitch did more during his one week at the final session hours representing us than had . been done by Mr. Wimmer in six months. ., Are you satisfied that we have the best representation available? if not, what is your recommendation for change? No. Delay final decisions until after the October floor period. T128841733

August 6, 1991 REGION IV STATE AND LOCAL LOBBYIST EVALUATION State of Wisconsin Paul E. Sicula o o What is the lobbyist overall track record over his tenure with the institute? Excellent. What party presently controls the House/Senate/Executive? With what party is the lobbyist or his firm most closely identified? Has the affiliation presented problems lot the industry? The Democrats are in control of both houses of the legislature. The Republicans now control the Governorship. Mr. Sicula is a former Democratic Legislator and, although identified with the Democrats, is considered a conservative Democrat. Mr. Sicula has a particularly close personal friendship with the Assembly Speaker and he has worked hard to cultivate relationships with freshmen. He has also been helpful on two local Milwaukee issues. Does the lobbyist have the respect of and access to legislative and executive leadership? Has the lobbyist kept up with leadership changes in the legislature? Mr. Sicula has access to legislative !eadership. Although he has access to the Administration, he knows other individuals who are closer to the players so he works through them. Does the lobbyist have good federal contacts? Has he responded to your requests to use those contacts? Yes, especially with Congressman Gerald Kleczka (D-Wisconsin) and Congressman Jim Moody. How many clients does the lobbyist represent? is this too many for the lobbyist to concentrate adequately on tobacco issues? Do any of the lobbyist's or his firm's clients pose a possible conflict of interest? Has this caused an actual problem? Mr. Sicula represents five different clients. The Trial Lawyers would pose a conflict of interest at some point in the future, but at this time, it is not a problem. T!2884.1734

o 10. 11. 12. Does the lobbyist understand the scope of his responsibilities to the Institute and the issues of concern? Yes. Does the lobbyist respond to your requests in a timely fashion? Yes, always. Does the lobbyist report legislative activities promptly to your office? Is it sometimes necessary to call the lobbyist to obtain information that should have been conveyed to your in the normal course of business? Yes, Mr. Sicula reports in a timely fashion and is readily accessible during the natural course of business activity. In fact, he followed up on assignments that had been given to Mr. Wimmer due to the serious doubt all tobacco industry lobbyists had with Mr. Wimmer's job performance. Does the lobbyist comply with all state registration and reporting laws? Yes. Is the existing retainer competitive in that state? What is your recommendation for the 1991 retainer? Mr. Sicula serves as in-house counsel on labor law, collective bargaining and other litigation in addition to his actual lobbying duties. Mr. Sicula's advice is something that is highly valued in these areas. Depending upon what happens with Mr. Wimmer's contract, I would recommend that Mr. Sicula's retainer be increased and that he be given a more significant role for calendar year 1992. Is an additional lobbyist(s) needed? A different team is needed which will require additional lobbyist(s). Are you satisfied that we have the best representation available? If not, what is your recommendation for change? Without a doubt. T!28841735

REGION IV LOBBYISTS CLIENT LIST July 16, 1991 State of Wisconsin James Wimmer 22 N. Carroll St., Suite 200 Madison, Wl 53703 608-256-5223 Bear, Stearns and Company Blue Cross/Blue Shield United of WI Carmichael Development Group, Inc. Delaware North Companies Exxon Corporation Flambeau Mining Company General Contractors of America Northwestern Mutual Life Insurance Co. Pharmaceutical Manufacturers Association Security Bank S.S.B Stein and Company Tobacco Institute Traffic Safety Now, Inc. Wi Association of Tobacco & Candy Dist. Wisconsin Hospital Association Wisconsin Wine and Spirit Institute T!28841736

REGION IV LOBBYISTS CLIENT LIST July 23, 1991 State of Wisconsin Paul Sicula ATINSKY, KAHN, SICULA & TEPER 135 W. Wells St., Suite 604 Milwaukee, Wi 53203 414-271-8100 National Solid Wastes Management Association Roy May Tobacco Institute Wl Academy of Trial Lawyers Wl Contemporary Gift Association Ti28841737

REGION IV BACK-UP LOBBYISTS July 23, 1991 State of Wisconsin Steve Bablitch DEWITT, PORTER 2 E. Mifflin St., Ste. 600 Madison, Wl 53703 608-255-8891 AMEX Life Assurance Company Independent Insurance Agents of Wisconsin Minnesota Correctional Industries Northern Capital Management, Inc. WI Academy of Trial Lawyers Wl Pharmacists Association Wi State Cranberry Growers Association TI28841738

August 6, 1991 REGION IV STATE TOBACCO WHOLESALER ASSOCIATION EVALUATION g B = State of Wisconsin Association Name WISCONSIN ASSOCIATION OF DISTRIBUTORS. (name was changed from Wl Association of Tobacco & Candy Distributors in 1990). Executive Director Executive Secretary, James Wimmer, Jr. Did the association provide legislative support to the industry in 1991? On what issues? By what means? The WAD provides excellent support on all issues and on all levels. How effective was the association's legislative support? The association mobilized it's membership to fight the 10 cent cigarette tax and encourage individual wholesaler executives to visit personally with members of the legislature. However, direct feedback from wholesalers has been somewhat remiss. Region IV intends to beef up it's relationship with our wholesaler organization next year. How could that support be improved in 1992? The Region IV office will personally visit with the individual wholesalers. Historically, the wholesalers have always been excellent in the level of support they have provided. We expect this to continue. Have you, or other TI staff, addressed the association's Board of Directors or appeared on it's convention program in the last two years? Have you had any problems getting on the agenda? Yes, the Region IV staff has been present at summer meetings and previously has been invited to each quarterly meeting. This has not happened in the last year and a half. This year the annual meeting was at the time when there was a conflict with the tax battle in MN. The Region IV RVP plans to attend more of their quarterly meetings. Describe your relationship with the Executive Director. It has been average. Mr. Wimmer also represents TI as our contract lobbyist. TI28841739