Beaver Dam case in the news
The Milwaukee Journal Sentinel writes today about the possible effects of the Wisconsin Supreme Court’s July 11th ruling that the Beaver Dam Area Development Corporation is a quasi-governmental body subject to Wisconsin’s Public Records and Open Meetings Laws. Read it here.
“In its July 11 ruling, the court said factors that can be used to determine whether a private corporation is subject to the records and meetings laws are its source of financing; whether it serves a public function; whether it is subject to government control; and whether the public thinks it’s a government entity.”
West Salem update
I’ve asked the Attorney General to file a mandamus action against the West Salem School District. I also asked the AG to opine on whether or not the school district is complying with the public records law. Now it’s just a waiting game…
The Political Environment discusses charges for public records
The blog The Political Environment has a nice posting about charges for public records requests. The posting discusses a recent FOI audit by the Waukesha Freeman.
DOJ takes nine months to release records
The Wisconsin State Journal writes today that the Wisconsin Department of Justice took nine months to release records responsive to a public records request – a request that sought records regarding the DOJ’s investigation of Gov. Doyle aide Georgia Thompson.
According to the WSJ: “State investigators kept open an alleged corruption case for six months last year after a federal appeals court struck down the only prosecution in the high-profile case.”
A DOJ spokesperson defends the prolonged release time, saying the records were released “as soon as practicable.”
Calling the released records “incomplete,” the WSJ notes that:
“The file released to the Wisconsin State Journal under the state’s open records law did not include reports provided to state investigators by federal authorities involved in the case, according to an accompanying letter by Steven Means, deputy administrator of the agency’s Division of Legal Services. Some documents released also had portions blacked out to protect information provided by confidential informants or connected with a federal grand jury, among other reasons”
Do-it-yourself mandamus?
Has anyone ever sought a mandamus action without an attorney? If so, I’d appreciate an e-mail (wisfoi at gmail.com) about the experience. Thanks!
Capital Times editorial
This certainly isn’t a timely post, but here’s a link to an editorial that Dave Zweifel recently wrote in the Capital Times about the on-going debate over releasing the names of state employees.
“Allowing public workers to remain anonymous simply opens the floodgates to abuse and fraud financed by the very people who pay the bills — the state’s taxpayers — while at the same time making it next to impossible for an enterprising reporter to discover the shenanigans.
There is no room for secrecy in government, whether or not sanctioned by a union contract.”
Kronenwetter Update
The Wausau Daily Herald writes today a follow-up editorial about an open meetings dispute in the Village of Kronenwetter.
“To their credit, Village President Rick Smith and village attorney Shane VanderWaal last week conceded to Daily Herald editors that they had erred. The board voted to hire someone, using public money, without letting the public know it was doing so.”
Press and Policy mentioned
The Minnesota Independent mentioned Press and Policy in an article yesterday. Take a look!
DA not going to file mandamus action
I received an e-mail from La Crosse County District Attorney Tim Gruenke this morning. He’s not going to issue a writ of mandamus. Here’s the e-mail:
Mr. Anderson,
I’ve been researching the issue and working with the Attorney General’s Office and my decision is to not issue a writ for the following reasons:
1. This is in the context of a private suit, not a law enforcement matter or ongoing issue affecting the general public, and
2. You have the authority under 19.37(2) to issue a mandamus action and recieve attorney’s fees as well as damages.
I’m not going to issue a writ of mandamus for the records you request, but you are free to do so if you wish.
Tim Gruenke
District Attorney La Crosse County
Fischer resigns over travel expenses
Wisconsin Secretary of Commerce Jack Fischer submitted his resignation on Wednesday. As you may recall, the Milwaukee Journal Sentinel recently wrote about several expensive trips he took. The Journal Sentinel utilized Wisconsin’s public records law to obtain Fischer’s travel records.
Read more from the JS.