There are two mysteries concerning the open meetings act violations. First why do it in the first place. Secondly, why not use the easy fix rather than let the matter go through the courts. I think I have derived a thesis that answers both questions.
Remember the Wisconsin Senate could have done this at any time. The could have always stripped the non-fiscal provisions and voted the union-busting parts from the very onset. However, it would have destroyed their lie that it had some fiscal necessity.
Here is what I believe happened. The Democrats are outnumbered 19-14 in the Senage. That may seem like a comfortable lead but is really is not that great. Three defections could doom the bill. Secondly remember that some of those Republicans are sitting in Democratic districts and have needed union votes to win. Finally, the GOP knew that once a recall started they would have 4-5 vulnerable senators.
Fitzgerald had already lost one vote. That means that he had an 18-15 majority. I am guessing he lost one more. That means that at least 3 Republicans have to cast an unpopular deciding vote. He knew that if only one decided to visit the restroom during the voting the measure would not pass. So he had to violate the open meetings law in order to prevent a return of the Democrats. That also explains why there has been no revote. If one more Republican either flips or abstains the measure will not pass. By passing the bill before the Democrats return there would be not deciding votes.